NCS000500_Ayden Draft SWMP v2 DEQ Comment Letter_20210119

January 19, 2021

VIA EMAIL ONLY
RETURN RECEIPT REQUESTED

Town of Ayden
Attn: Matthew Livingston, Town Manager
P.O. Box 219
Ayden, NC 28513

Subject: COMMENTS ON DRAFT SWMP (NOV-2019-PC-0539)
Town of Ayden
NPDES MS4 Permit No. NCS000500
Pitt County

Dear Mr. Livingston:

On July 23, 2019, the North Carolina Department of Environmental Quality (DEQ) audited the Town of
Ayden (Town) for compliance with the subject NPDES MS4 permit. As a result, a Notice of Violation
(NOV) was issued to the Town on July 26, 2019. The NOV defined specific document submittals and
deadlines, which have been provided in a timely manner.

DEQ received the required Draft Stormwater Management Plan (SWMP), version 2, submittal on August
25, 2020. Staff have reviewed the submitted Draft SWMP and request that the following comments
be addressed in a Final Draft SWMP (v3). The revised final Draft SWMP is required to be signed
and submitted, along with a permit renewal application, to DEQ within thirty (30) calendar days of
receipt of this letter.

There appears to be some confusion on permit requirements, BMPs, measurable goals and reporting
metrics. It is recommended that the town request a technical assistance meeting to discuss the Draft
SWMP v3 before it is revised and/or submitted. If the town has retained a consultant to assist with the
SWMP, it is also recommended that the consultant be include in the meeting. Please note that a SWMP
that cannot be approved and sent to public notice by the third submittal may be subject to advanced
enforcement and assessment of penalties.

Comments

1. General comment: See SWMP Template Instructions and General SWMP Guidance on the DEQ
MS4 Forms & Resources web page for additional information. There are also several approved
and Draft Final SWMPs that can serve as examples of the level of detail required.
2. General comment: Include frequencies and applicable Permit Years in Column C - Schedule for
Implementation (Once, Annually, Continuously, etc.). See SWMP Template Instructions and
General SWMP Guidance on the DEQ MS4 Forms & Resources web page for additional
information.
3. General comment: Annual Reporting Metrics in column D must be brief and either Y/N/Status, a
quantity, etc. Please refer to the SWMP Instructions and General Guidance on the MS4 Forms &

Resources web page for additional information. The new permit will come with a standard
annual assessment template in Excel format, so additional documentation submittals such as
photographs, screen shots, documents, etc. will not be enabled. This is to facilitate electronic
annual reporting in the future. These annual assessments will be utilized to ensure the MS4 is on
track to compliance. However, full documentation should be maintained on site for the next
compliance audit.
4. Table 5: Add NCG140296, Southern Equipment Company, Inc.
5. Table 14, BMP 7, 8: Specify the minimum number of events, such as one annually.
6. Table 15, BMP 9: Provide sufficient measurable goals to demonstrate that the entire MS4 will be
mapped by the end of permit year 5 (e.g. 20% per year, or divide the town into areas and
complete one area each year). Report Y/N/Status and number of outfalls. Separate the mapping
and updates into two measurable goals. Updates are typically performed continuously as new
MS4 is added or as a batch upload once per year.
7. Table 15, BMP 10 - 15: These BMPs appear to be located under the incorrect permit sections.
For example, staff training and public outreach should not be used to address permit reference
3.4.2 regulatory mechanism requirements, but it would be appropriate to review/update the
ordinance authority.
8. Table 15, Permit Ref. 3.4.3 IDDE Plan: A written IDDE plan that addresses items a – e is
required to be developed and submitted to DEQ for review and approval in permit year 1.
9. Table 15, BMP 16: Include development of standard inspection form and tracking system.
Clarify the inspection measurable goal to be specific and measurable.
10. Table 15, BMP 17: This training must specifically include how to identify and report, not just
general awareness as described.
11. Table 15, BMP 18: This is insufficient to address rapid response and does not specify how the
information will provided or how the permittee accept reports (hotline or other mechanism).
12. Table 17, BMP 20: Chapter 95 does not appear to address construction site waste, please clarify
and/or provide appropriate BMP(s). Include the title number when citing the Code of
Ordinances.
13. Table 20, BMP 22: It is not clear what this is describing. This BMP does not address post-
construction requirements implemented by the permittee.
14. Table 20, BMP 23: MS4s typically review and update their ordinance for adequate legal
authority in permit year 1. It is recommended that Ayden do the same.
15. Table 20: Post-construction inventory, inspections and enforcement were identified as deficient
in the MS4 Audit Report. Please provide specific measurable goals to address the noted
deficiencies under the appropriate permit ref.
16. Table 20, BMP 26: Separate pet waste and on-site domestic waste (septic). If there are septic
systems within Ayden’s jurisdictional area, then a measurable goal to ensure proper operation and
maintenance is required (an ordinance requiring sanitary connection for failing systems may not
be sufficient in and of itself unless there is an inspection and enforcement program to support it).
17. Table 21, Permit Ref. 3.7.1: This section pertains to pollution prevention at town-owned
facilities, but the listed BMPs are not relevant to the requirements to inventory, inspect and
maintain. Street sweeping, MS4 O&M and pest management are their own sections later in the
template. This section should focus on maintenance facilities, storage yards, etc. A formal O&M
Program for the Central Operations Center was specifically noted as a deficiency in the MS4
Audit Report and must be addressed.

18. Table 21, Permit Ref. 3.7.3: The listed BMPs are not for operation and maintenance of the
collection system.
19. Table 21, BMP 33: It is not appropriate to restate the permit conditions as a BMP. Specific
measurable goals to address the permit requirements are necessary.
20. Table 21, Permit Ref. 3.7.5: The listed BMPs are not related to the noted permit requirement.
Typically an MS4 provides staff training and verifies applicator certifications annually.
21. Table 21, Permit Ref. 3.7.7: Please report street miles swept and annual amount of trash
collected.

The required revised Draft SWMP v3 submittal must include an electronic Word document in Track
Changes format, and a hard copy with a certifying statement and original “wet” signature by the Town’s
ranking elected official or designated staff member in compliance with Part IV, Paragraph G of the
current MS4 Permit.

Please submit the required signed Draft SWMP v3 and permit renewal application to:

DEQ-DEMLR Stormwater Program
Attn: Jeanette Powell
1612 Mail Service Center
Raleigh, NC 27699-1612
[e-mail]

Upon receipt and preliminary approval, a Draft Permit and the submitted Draft SWMP will be published
for a required 30-day public notice, which includes an EPA and public comment period. The permit will
be issued following resolution of any comments received and will become effective on July 1, 2021.

Thank you for your prompt attention to this matter. Should you have any questions, please contact me at
[phone] or [e-mail].

Sincerely,

Jeanette Powell
MS4 Program Coordinator

Cc via email:
[e-mail]
[e-mail]
Annette Lucas, DEMLR Stormwater Program Supervisor
Samir Dumpor, Washington Regional Office
DEMLR NPDES MS4 Permit Laserfiche File